[Added 5-28-2008 by Ord. No. 8-2008]
Any person, corporation, partnership or other
entity requesting the vacation of any street or easement within the
City of Linwood shall submit a written application to City Council
of the City of Linwood.
A.
Any application to the City Council of the City of
Linwood for vacation of a street or easement in the City of Linwood
shall include, at a minimum, the following information:
(1)
Completed City of Linwood application for vacation
of streets and easements.
(2)
Written explanation as to the purpose of the vacation
request.
(3)
Written statement of the development plans for the
property(s), should this vacation be granted.
(4)
Map of the area to be vacated indicating that no lots
will be landlocked by the proposed street vacation.
(5)
Survey of the lot(s) directly impacted by the vacation
of a street, including proposed easements for access and utilities,
and all necessary legal descriptions for affected lots and easements.
All surveys and legal descriptions shall be prepared by a professional
land surveyor licensed in the State of New Jersey.
(6)
Proof of notification to all property owners affected
by this vacation through certified mail. For the purpose of this notification,
affected property owners shall be considered the owner of any property
within 200 feet of the limits of the street or easement to be vacated.
The notice to property owners shall clearly state the intention to
vacate (name of street), and that objections should be filed immediately
with the Municipal Clerk. Proof of notification shall be made prior
to any public hearing on the proposed street vacation. Notification
shall only be made after the City has informed the applicant that
it has reviewed the application and will take action.
(8)
Any other item as deemed necessary for review by the
Municipal Solicitor, Municipal Engineer, Chief of Police, and/or Chief
of the Fire Department.
B.
Applications shall be submitted to the Municipal Clerk
of the City of Linwood, 400 Poplar Avenue, Linwood, NJ 08221.
The following fees shall be submitted to the
Municipal Clerk with any application for the vacation of a street
or easement in the City of Linwood.
A.
Application fee: certified check or money order payable
to the City of Linwood in the amount of $100. The application fee
is nonrefundable.
B.
Review escrow: certified check or money order payable
to the City of Linwood in the amount of $1,000. An escrow account
will be established for reimbursement to the City’s professionals
for their work in reviewing the application materials and reporting
to City Council. If additional funds are necessary to adequately reimburse
the City’s professionals, the applicant shall be responsible
to submit additional escrow prior to the final passage of any vacation
ordinance. Any unused funds will be returned to the applicant following
the passage of any vacation ordinance.
C.
Recording fee: certified check or money Order payable
to the Atlantic County Clerk’s Office in the amount of $100.
A.
The City Council of the City Linwood, having taken
into account reviews by its professionals and staff, may approve by
ordinance or deny any application at its sole discretion.
B.
The City Council shall refer the application to the
Planning Board of the City of Linwood for its opinion on the application
as it relates to the City’s Master Plan.
C.
The City Council, in its review of any application,
shall consider the application’s merits as it relates to the
public good, and the health, safety, and well being of the citizens
of the City of Linwood.
D.
No vacation of any street or easement shall be considered
complete until it has been recorded in the Office of the Clerk of
Atlantic County.
